HomeMy WebLinkAbout6-4-09 BA Minutes*MINUTES*
BOARD OF ADJUSTMENT
June 4, 2009
City Council Chambers
A meeting of the Board of Adjustment was held on June 4, 2009 and called to order at 3:00 p.m. with the
following members present:
Chairperson Pat Avery
Board Member Joey Hilliard
Board Member Mary Jowers
Alternate Member Christopher Plaunty
Alternate Member Christy Amuny
Board Members absent: Vice Chairman Dana Timaeus
Board Member Bob Harris
Alternate Member Kelli Maness
AIso present: Steve Richardson, Planning Manager; Tyrone Cooper, City Attorney; Till
Cole, Recording Secretary
APPROVAL OF MINUTES
Board Member Jowers made a motion to approve the minutes of the May 7, 2009 meeting. Board Member
Hilliard seconded the motion. Motion to approve carried 5:0.
SWEARING IN OF WITNESSES
PUBLIC HEARING
1} File 592-BA: Request for a variance to the rear yard building setback from 15' to 5' .
Location: 2975 N. Eleventh Street
Applicant: Bill Clark
Mr. Richardson presented the staff report. Bill Clark, with Bill Clark Pest Control, states that due
to growth of the company, they have recently undertaken on infrastructure renovation. Parking
lot improvements are completed and the company would now like to construct a parking shed. Mr.
CIark states that to meet the required setbacks, he would have to build the parking shed so far from
the property line.
BOARD OF ADJUSTMENT
June 4, 2009
Once the contractor tried to permit the parking shed, it was realized that it would be difficult to
construct the shed as planned. Mr. Clark states that because of his lot, he would not be able to
build the parking shed on the subject property. He needs the shed because several company
vehicles are laden with weather sensitive equipment and must be parked under covered parking.
The applicant shall have the burden of proof to demonstrate that all three conditions necessary for
approval have been met.
Thirteen notices were mailed to property owners within 200 feet. One response in favor and none
in opposition were returned.
Mr. Richardson distributed photos of the subject property to the Board.
Chairperson Avery opened the public hearing and asked for the applicant's continents.
Bill Clark, the applicant, addressed the Board.
Chairperson Avery asked for comments in favor or in opposition. No comments were made. The
public hearing was closed.
Discussion followed between the Board members.
Board Member Plaunty made a motion to approve a variance to the rear yard building setback from
15' to 5' for the property at 2975 N. Eleventh Street as requested in File 592-BA. Board Member
Hilliard seconded the motion. Motion to approve carried 5:0.
2) File 593-BA: Request for a variance to I the minimum setback requirement for an owner
identification sign from 10' to 1.5' .
Location: 2305 Calder
Applicant: Suman Bathla
Mr. Richardson presented the staff report. Mr. and Mrs. Suman Barthla are opening a restaurant
in an existing building on the subject property. There was an owner identification sign on the
northeast corner of the property. However, Mr. Barthla states that the sign was knocked down and
broken. The sign 1.5' off the property line. The Zoning Ordinance requires that the sign support
be a minimum of 10' . Since the existing sign was taken completely down, the new sign must meet
the current setback requirements. Mr. Bathla states that allowing the new sign at the old sign's
location will be tremendously efficient in advertising his business.
The applicant shall have the burden of proof to demonstrate that all three conditions necessary for
approval have been met.
2
BOARD OF ADJUSTMENT
June 4, 2009
Nineteen notices were mailed to property owners within 200 feet. One response in opposition and
one in favor were returned.
Mr. Richardson distributed photos of the subject property.
Chairperson Avery opened the public hearing and asked for the applicant's comments.
Mrs. Bathla, the applicant, addressed the Board.
Chairperson Avery asked for comments in favor or in opposition. No comments were made. The
public hearing was closed.
Discussion followed between the Board members.
Board Member rowers made a motion to approve a variance to the minimum setback requirement
for an owner identification sign from 10' to 1.5' for the property at 2305 Calder as requested in
File 593-BA. Board Member Hilliard seconded the motion. Motion to approve carried 4:0.
OTHER BUSINESS
Mr. Richardson requested that a special meeting be held on June 18, 2009 to hear one request.
THERE BEING NO FURTHER BUSINESS. THE MEETING WAS ADJOURNED AT 3:22 P.M.